Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 72 161 Arts. 32 Mercy Petition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Explosive Substances Act, 1908 (6 of 1908) Constitution of India, Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India – Arts. 32, 72, 161 – Mercy Petition – Petitioner was convicted for having committed an offence u/s. 120-B, 302, 307 of IPC and u/s. 3(b), 4(b) and 5(b) r/w s. 6 of Explosives Substances Act, 1908 and was awarded death sentence – Death reference of the petitioner was confirmed by the High Court – Petitioner neither preferred appeal against the decision of the High Court nor preferred the mercy petition – The mercy petition for the petitioner was preferred by the Gurudwara Prabandhak Committee – The case of the petitioner is that the Union has not taken any step upon mercy petition for more than 10 years and therefore the sentence of death imposed on the petitioner be commuted to the life imprisonment and with such plea the petitioner has approached the Supreme Court u/Art. 32 – Held: Mercy petition was filed in the year 2012 – The communication of the Ministry of Home Affairs dated 27.09.2019, the proposal for considering the commutation of the death sentence of the petitioner was started and a decision was taken to keep the same pending till disposal of the pending appeals before Supreme Court, filed by the co-accused as well as by CBI – Further, directions were again issued by the Supreme Court on 04.12.2020 and 02.05.2022 and that matter was considered by the competent authority – Thus, it cannot be said that there was an inordinate delay in disposal of mercy petition – Ministry of Home Affairs, upon material consideration of various reports from its different branches, has come to the conclusion that the consideration may be deferred as it could have an impact of compromising the security of the nation or creating law and order situation – Therefore, not in the domain of the Supreme Court to delve upon the decision of the competent authority to defer taking of any decision at present – It is within the executive to take a call. |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2023 INSC 482 |
Petitioner | Balwant Singh |
Respondent | Union Of India & Ors. |
SCR | [2023] 4 S.C.R. 265 |
Judgement Date | 2023-05-03 |
Case Number | 261 |
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